- 28 - Those statements indicate that cost of goods sold of $1,730,804 and selling, general, and administrative expenses (including the salary expense of MedChem U.S.A. employees working on Avitene matters) of $2,789,224 incurred by MedChem U.S.A. were charged to MedChem P.R. On its Federal income tax return for that year, MedChem P.R. reported: (1) Taxable income of $5,862,541 and (2) direct labor costs of $323,000. MedChem P.R. claimed a $1,993,264 tax credit under section 936(a). Discussion The parties dispute whether MedChem P.R. may calculate its 1992 Federal income tax liability by using the Puerto Rico and possession tax credit (possession tax credit) provided under section 936(a). A domestic corporate taxpayer such as MedChem P.R. qualifies for this credit if it meets the following statutory requirements: SEC. 936. PUERTO RICO AND POSSESSION TAX CREDIT. (a) Allowance of Credit.-- (1) In general.--Except as otherwise provided in this section, if a domestic corporation elects the application of this section and if the conditions of both subparagraph (A) and subparagraph (B) of paragraph (2) are satisfied, there shall be allowed as a credit against the tax imposed by this chapter an amount equal to the portion of the tax which is attributable to the sum of-- (A) the taxable income, from sources without the United States, from–Page: Previous 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 Next
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